Terms of Service

Last updated: 2026-06-06

These Terms of Service (“Terms”) are a binding agreement between Scalebloom LLC ("Chatporch", “we”, “us”) and the individual or entity that creates an account or otherwise uses Chatporch (“Customer”, “you”). By creating an account, signing in, or embedding the Chatporch widget on a website, you agree to these Terms. If you do not agree, do not use the service.

If you are entering into these Terms on behalf of an organization, you represent that you have authority to bind that organization, and “you” refers to that organization.

1. The service

Chatporch is a software-as-a-service product that provides an embeddable AI chat widget for websites and a dashboard to configure it. The exact features available may change as we improve the service.

2. Accounts

You must provide accurate information when you sign up and keep it up to date. You are responsible for safeguarding access to your account and for all activity under it. You must notify us promptly if you suspect any unauthorized access.

You must be at least 18 years old, or the age of majority in your jurisdiction, to create an account.

3. Customer content and license

“Customer Content” means everything you submit to or generate through the service, including site configuration, conversation logs created by visitors to your site, and any other content you upload.

You retain all rights to Customer Content. You grant Chatporch a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, display, and create derivative works of Customer Content solely as needed to provide the service, including by sending it to subprocessors such as our model provider for the purpose of generating chat replies.

You represent that (a) you have all rights necessary to grant this license, and (b) Customer Content does not violate any law or third-party right.

4. Visitor data and the role of the controller

When the widget is on your website, visitors interact with it directly and you act as the controller of their personal information under applicable data protection law. Chatporch acts as your processor for that data. Our Data Processing Addendum is incorporated into these Terms and governs that relationship.

You are responsible for: (a) disclosing the use of the widget in your own privacy notice, (b) obtaining any consents required from visitors (including cookie consent, where applicable, even though the widget itself uses session storage rather than cookies), and (c) responding to data-subject requests from your visitors. We will reasonably assist you as described in the DPA.

5. Acceptable use

You may not, and may not allow any third party to:

  • Use Chatporch to send, store, or generate content that is unlawful, infringing, defamatory, harassing, sexually explicit involving minors, or that promotes violence.
  • Use the service to attempt to impersonate any person or organization, including making the widget represent a brand you do not have rights to.
  • Reverse-engineer, decompile, or attempt to extract source code or model prompts from the service, except to the extent applicable law expressly prohibits this restriction.
  • Probe, scan, or test the vulnerability of the service, or attempt to bypass rate limits, origin allowlists, or other security features, except with our prior written consent.
  • Use the service to build or train a competing product.
  • Resell, sublicense, or white-label the service without our written permission.
  • Use the service in any way that violates our model provider’s then-current usage policies, including but not limited to content related to child sexual abuse material, weapons of mass destruction, or credible threats of harm.

We may suspend or terminate accounts that violate this section, with or without notice depending on severity.

6. AI output

The widget generates AI-produced text in response to visitor messages. AI output can be inaccurate, incomplete, or misleading. You are responsible for the system prompt and knowledge you configure, and for reviewing AI behavior on your site. We do not warrant that the AI’s responses will be accurate, appropriate, or fit for any particular purpose, and you should not rely on them for medical, legal, financial, or other professional advice.

You own the prompts and knowledge you configure. To the extent we have any rights in AI output generated for your widget, we assign them to you, subject to applicable law and our model provider’s then-current terms.

7. Fees, plans, and billing

Some features of Chatporch are offered free of charge at our discretion. Paid plans, when available, are billed in advance on a recurring basis as described at the point of purchase or in your order.

If you are on a paid plan:

  • Fees are non-refundable except as required by law or expressly stated in your order.
  • We may change pricing on renewal with at least 30 days’ notice to the email address on your account.
  • You authorize us and our payment processor to charge your payment method for all fees due.
  • If a payment fails, we may suspend the service after reasonable notice.

We may rate-limit or suspend service to a site that materially exceeds the usage of its plan, after notifying the account email.

8. Intellectual property

Chatporch, the dashboard, the embed code, our trademarks, and all related materials are owned by us or our licensors. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the service during the term. We reserve all rights not expressly granted.

Feedback you send us about the service is non-confidential and we may use it without restriction or compensation.

9. Third-party services

The service depends on third-party providers (including our model, hosting, database, email, and identity providers). Their availability and behavior are outside our control. We will use reasonable efforts to maintain the service but do not guarantee uninterrupted operation. The Privacy Policy identifies our current subprocessors.

10. Confidentiality

Each party will protect the other’s non-public business and technical information with reasonable care and use it only to perform under these Terms. Customer Content and visitor data are your confidential information; pricing and non-public roadmap details are ours. Either party may disclose information if compelled by law, after giving the other reasonable notice when allowed.

11. Warranties and disclaimer

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT AI OUTPUT WILL BE ACCURATE, COMPLETE, OR APPROPRIATE FOR ANY PURPOSE.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY.
  • EACH PARTY’S TOTAL LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (USD $100).

These limits apply in aggregate to all claims and to all theories of liability. They do not apply to either party’s indemnification obligations, your payment obligations, or liability that cannot be limited by law.

13. Indemnification

You will defend, indemnify, and hold harmless Chatporch from and against third-party claims arising from (a) your use of the service in violation of these Terms or applicable law, (b) Customer Content, including infringement claims tied to text you configured the widget to generate or that you uploaded, and (c) your failure to comply with your obligations as data controller for visitors.

14. Suspension

We may suspend the service or specific features (a) to protect the integrity or security of the service, (b) to comply with law, (c) for non-payment after reasonable notice, or (d) for material breach of these Terms. We will use reasonable efforts to notify you when we suspend.

15. Term and termination

These Terms apply for as long as you have an account or use the service.

You may stop using and delete your account at any time. We may terminate or suspend your account for material breach, prolonged inactivity, or if we discontinue the service. On termination, your right to access the service ends. We will delete or return Customer Content as described in the DPA and Privacy Policy. Sections that by their nature should survive (including IP, disclaimers, liability limits, indemnification, and governing law) survive termination.

16. Changes to the service and these Terms

We may update the service and these Terms from time to time. For material changes to these Terms, we will update the “Last updated” date and, where reasonable, notify the email address on file. Changes take effect when posted unless we say otherwise. Your continued use after a change constitutes acceptance.

17. Governing law and disputes

These Terms are governed by the laws of the State of North Carolina, without regard to conflict-of-laws principles. The exclusive venue for any dispute is the state or federal courts located in Mecklenburg County, North Carolina, and you and we consent to the personal jurisdiction of those courts. The UN Convention on Contracts for the International Sale of Goods does not apply.

Before filing a formal action, the parties will attempt in good faith to resolve any dispute by negotiation, contacting us at the address in section 19.

Class action waiver. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. NO COURT OR ARBITRATOR MAY CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING WITHOUT THE PARTIES’ EXPRESS WRITTEN CONSENT. IF THIS WAIVER IS HELD UNENFORCEABLE AS TO ANY CLAIM, THAT CLAIM MUST BE SEVERED AND THE REMAINING CLAIMS PROCEED INDIVIDUALLY.

Jury trial waiver. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE.

Time bar. Any claim arising out of or related to these Terms or the service must be filed within ONE (1) YEAR after the cause of action accrues, or it is permanently barred, to the maximum extent permitted by law.

18. Miscellaneous

  • Entire agreement. These Terms, the Privacy Policy, the DPA, and any order are the entire agreement between us and supersede prior agreements on the same subject.
  • Assignment. You may not assign these Terms without our written consent. We may assign in connection with a merger, acquisition, or sale of assets.
  • Force majeure. Neither party is liable for failures caused by events beyond reasonable control.
  • Notices. Notices to you go to the email on your account. Notices to us go to [email protected].
  • No waiver / severability. Failure to enforce a provision is not a waiver. If any provision is unenforceable, the rest remains in effect.
  • Independent contractors. No agency, partnership, or employment relationship is created.

19. Contact

Scalebloom LLC

Charlotte, NC, United States [email protected]